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Strategic Advisors (HRD SAs)/Training Managers to establish a Command Training Plan each year; and mandates that program managers must work with the Office of Civilian Human Resources (OCHR) for the establishment of mandatory training. SECNAVINST 12410.25A. The state of South Carolina offers statewide training courses to public sector managers, supervisors, human resources professionals and individuals who want to increase their knowledge and skills and become more productive and effective in the workplace. Decide whether you want to design internal training programs, or hire a professional company to help train your employees. There are benefits and drawbacks to both in-house and outsourced training program types: If you want to outsource your employees’ training, you could start by checking out these companies: 1Source Professional Training. Lorman is a leading provider of online training and continuing education for professionals and organizations. Our OnDemand programs, live webinars, corporate training, seminars, and online training courses will help you improve effectiveness, stay in compliance, renew certifications, and enhance professional skills.
*Note: The Department of Labor revised the regulations located at 29 C.F.R. part 541 with an effective date of January 1, 2020. WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. The final rule is available at: https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and.
(Revised September 2019) (PDF)
This fact sheet provides information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. Part 541, as applied to professional employees.
The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.
However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684* per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.
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The specific requirements for exemption as a bona fide professional employee are summarized below. There are two general types of exempt professional employees: learned professionals and creative professionals.
See other fact sheets in this series for more information on the exemptions for executive, administrative, computer and outside sales employees, and for more information on the salary basis requirement.
Learned Professional Exemption
To qualify for the learned professional employee exemption, all of the following tests must be met:
- The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684* per week;
- The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
- The advanced knowledge must be in a field of science or learning; and
The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
Primary Duty
“Primary duty” means the principal, main, major or most important duty that the employee performs. Determination of an employee’s primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee’s job as a whole.
Work Requiring Advanced Knowledge
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“Work requiring advanced knowledge” means work which is predominantly intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment. Professional work is therefore distinguished from work involving routine mental, manual, mechanical or physical work. A professional employee generally uses the advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances. Advanced knowledge cannot be attained at the high school level.
Field of Science or Learning
Fields of science or learning include law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, various types of physical, chemical and biological sciences, pharmacy and other occupations that have a recognized professional status and are distinguishable from the mechanical arts or skilled trades where the knowledge could be of a fairly advanced type, but is not in a field of science or learning.
Customarily Acquired by a Prolonged Course of Specialized Intellectual Instruction
The learned professional exemption is restricted to professions where specialized academic training is a standard prerequisite for entrance into the profession. The best evidence of meeting this requirement is having the appropriate academic degree. However, the word “customarily” means the exemption may be available to employees in such professions who have substantially the same knowledge level and perform substantially the same work as the degreed employees, but who attained the advanced knowledge through a combination of work experience and intellectual instruction. This exemption does not apply to occupations in which most employees acquire their skill by experience rather than by advanced specialized intellectual instruction.
Creative Professional Exemption
To qualify for the creative professional employee exemption, all of the following tests must be met:
- The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684* per week; and
- The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.
Invention, Imagination, Originality or Talent
This requirement distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy. Exemption as a creative professional depends on the extent of the invention, imagination, originality or talent exercised by the employee. Whether the exemption applies, therefore, must be determined on a case-by-case basis. The requirements are generally met by actors, musicians, composers, soloists, certain painters, writers, cartoonists, essayists, novelists, and others as set forth in the regulations. Journalists may satisfy the duties requirements for the creative professional exemption if their primary duty is work requiring invention, imagination, originality or talent. Journalists are not exempt creative professionals if they only collect, organize and record information that is routine or already public, or if they do not contribute a unique interpretation or analysis to a news product.
Recognized Field of Artistic or Creative Endeavor
This includes such fields as, for example, music, writing, acting and the graphic arts.
Teachers
Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment. Exempt teachers include, but are not limited to, regular academic teachers; kindergarten or nursery school teachers; teachers of gifted or disabled children; teachers of skilled and semi-skilled trades and occupations; teachers engaged in automobile driving instruction; aircraft flight instructors; home economics teachers; and vocal or instrument music teachers. The salary and salary basis requirements do not apply to bona fide teachers. Having a primary duty of teaching, tutoring, instructing or lecturing in the activity of imparting knowledge includes, by its very nature, exercising discretion and judgment.
Practice of Law or Medicine
An employee holding a valid license or certificate permitting the practice of law or medicine is exempt if the employee is actually engaged in such a practice. An employee who holds the requisite academic degree for the general practice of medicine is also exempt if he or she is engaged in an internship or resident program for the profession. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine.
Highly Compensated Employees
Highly compensated employees performing office or non-manual work and paid total annual compensation of $107,432 or more (which must include at least $684* per week paid on a salary or fee basis) are exempt from the FLSA if they customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption.
Where to Obtain Additional Information
For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).
When state law differs from the federal FLSA, an employer must comply with the standard most protective to employees. Links to your state labor department can be found at www.dol.gov/agencies/whd/contact/local-offices.
This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.
As professionals today, we live and work in exciting yet challenging times. Stop and think about the amount of major change our workplace continues to experience, with more technology and automation, new business models, evolving product and service offerings, and ever-increasing customer expectations. In today’s business environment, staying ahead of the curve can be extremely challenging.
Today’s managers and leaders are faced with the daunting task of trying to lead their teams through these rapidly changing times. They are faced with a number of tough questions: How do I ensure I have the right employees with the right skills? How do I identify what skills I need now and, perhaps more strategically, the skills I’m going to need next? How do I prepare my team to be successful?
Unfortunately, many managers and organizations are stuck in a reactive model. They wait until they see problems in their employees and use those problems as the basis for establishing the need for training. They may set a training budget as part of the annual operating plan and maybe even plan a certain amount of time per employee for training each year, but they wait until they see an issue that they believe a good training program can solve. While a good training class may give the team a shot in the arm to help improve performance, this practice often leads to a narrow, event-based approach to learning and development that falls woefully short of addressing ongoing needs.
High-performing organizations foster a culture of continuous learning and take a much more holistic approach to training and developing their most strategic asset: their people.
Here are six key elements to consider when developing a holistic learning and development function:
1. Create a learning and development strategy.
A holistic approach to learning and development starts with establishing a strategy that is clearly defined and understood. The strategy sets the mission and vision for your L&D function and creates an alignment point for everyone in the organization. Invest the time in establishing a charter that covers all areas of learning and development, including scope of training, who provides it, how it will be delivered, how it will be managed, how it will be developed and maintained, etc., and then communicate it to the organization.
2. Enable a culture of continuous learning and development.
Your culture shapes the beliefs and, ultimately, the behavior of employees. Cultivating a mindset where employees not only have a strong desire to learn but also want to share their knowledge with others should start at the top, with leadership support, and permeate the organization. Educate employees on the importance of training, and encourage them to seek opportunities to learn both formally and informally. Incorporate a hunger for learning into your hiring process. Establish standard training budgets in both hours and dollars. Develop ways to reward those who exhibit learned behaviors on the job by incorporating how employees do their work into your performance review process.
Business in a box competitors. 3. Align with talent management.
Learning and development should be tightly aligned with talent management, starting with establishing well-defined roles and levels within each role. Define expected skills and competencies for each level to create career paths for growth.
Why not leverage this foundation as part of your L&D function? It helps you identify the skills that need to be developed in the organization, gives you a framework to map training classes to roles and levels, and provides your employees with a blueprint to help them advance their careers.
4. Deploy a learning and development infrastructure.
A successful L&D function relies on a foundational infrastructure that supports ongoing development, management and delivery of training programs and curriculums. Your infrastructure should address the establishment of an organizational design and the policies and procedures needed to manage the L&D function. It should also include the creation of a catalog of all training courses and well-defined learning paths for each role and level. Define processes for how training courses will be updated and maintained as well as how new training will be developed and/or acquired in order to stay aligned with the evolving needs of the organization and its employees.
5. Leverage learning management technology.
The most effective L&D functions leverage the benefits of processes and technology to enable the effective management, delivery and consumption of training programs. Today’s learning management systems, if set up correctly, make it easy for employees to see their learning paths and know what courses are available. They also help L&D administrators and line managers monitor the completion of training courses and the progress employees are making against their development plans.
6. Measure and monitor effectiveness.
You have probably heard the expression, “You can’t manage what you don’t measure.” Develop ways to oversee, measure and monitor your L&D function. Create feedback loops with training participants. Measure and evaluate employee engagement and/or customer experience over time. Are they improving? Develop checkpoints within the organization to stay in touch with changes in the business that may necessitate changes to training curriculum. This strategy will go a long way toward helping you monitor overall effectiveness and drive continuous improvement.
Ongoing skills development is a vital ingredient to success in any organization. Employees must continue to learn and evolve their skills and competencies to remain effective. Consider where you are today with your approach to learning and development. If you don’t have any of these six elements, it might be time to start thinking a little more holistically about your approach to learning and development. Your business, customers and employees will be glad you did!